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A85396 Hybristodikai. The obstructours of justice. Or a defence of the honourable sentence passed upon the late King, by the High Court of Justice. Opposed chiefly to the serious and faithfull representation and vindication of some of the ministers of London. As also to, The humble addresse of Dr. Hamond, to His Excellencie and Councel of warre. Wherein the justice, and equitie of the said sentence is demonstratively asserted, as well upon clear texts of Scripture, as principles of reason, grounds of law, authorities, presidents, as well forreign, as domestique. Together with, a brief reply to Mr. John Geree's book, intituled, Might overcoming right: wherein the act of the Armie in garbling the Parliament, is further cleared. As also, some further reckonings between thesaid [sic] Dr. Hamond and the authour, made straight. / By John Goodwin. Goodwin, John, 1594?-1665.; Glover, George, b. ca. 1618, engraver. 1649 (1649) Wing G1170; Thomason E557_2; ESTC R12380 138,495 164

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charge and expence especially when they find that the Government we speak of is gotten into a race or bloud that is unfit for Government as that which for severall de●●●rts together as in Father in Son in Sons son c. is either boyld up into and breaks out in oppression and tyranny or else turns to a water of naturall simplicity and weaknesse or froths into voluptuousnesse and luxurie or the like in all these cases I say and many others like unto these a people or State formerly Governed by Kings may very lawfully turn these servants of theirs out of their doors as the Romans of old and the ●●●land● of late besides many nations more have done and are blameless● Yea God himself though he chargeth the people with sin in desiring a change of their Government which was by Judges wherein himself in truenesse of construction was as Samuel tells them from his own mouth their King 1. Sam. 8. 10. with cap. 12. 12. into that by Kings yet condescending to their desires herein and so yielding in a sence to his own dethronization amongst them he plainly and exabundanti avoucheth the lawfulnesse of power in the people to alter their present frame of Government whatsoever it be when they see cause The sin of the people we speak of did not stand in this that they simply desired an alteration of their Government but that they desired it with the forgetfulnesse and contempt of those many Royall favours and blessings which under their pre●ent Government by Judg●s he had from time to time heaped upon their heads in many wonderfull preservations and deliverances from their enemies as appears 1. Sam. 12 6 7. 8. c. besides other places Yet that he might not seem to check or straiten in the least the liberty which people by nature and of right have to exchange their Government when they ●●e cause he yielded as we have heard to the rejection o● d●posall not onely of his faithfull servants and Prophet Samuel but even his own also by the people 1. Sam. 8. 7. 9. Nor doth that critique annotation of the Royall Doctor Sect. 12 taking notice that the Supreme power or Ruler is in this Relation stiled by the Apostle the Minister of God Rom. 13. and not of the people * ● Ham●●d H●●●… ad ●●●sse 〈…〉 any wayes in-fringe the credit of this conclusion that Kings are the Servants or Ministers of the people For Paul and the rest of the Apostles were the Ministers of God 2. Cor. 6. 4. and the Ministers of Christ 1. Cor. 4. 1. and the servants of God and of Christ Col. 4. 12. Tit. 1. 1. P●t 1. 1. c. and yet did they acknowledge yea more than acknowledge even preach themselves the servants of men For we preach not our selves but Christ Jesus the Lord and our selves YOUR SERVANTS for Jesus sake 2. Cor. 4. 5. So Paul saith of himself that ●● went to Jerusalem to MINISTER TO THE SANITS Rom 15. 25. yea 1. Cor. 9. 19. he saith that he had made himself A SERVANT OF ALL. Yea Christ himself that Great servant of God Isa 42. 1. was this relation of his notwithstanding 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a MINISTER or Servant OF THE CIRCUMCISION .i. of the Jews Rom. 15. 8. So that the Doctour argueth much beneath his degree when he syllogizeth thus The Supreme power or Ruler is stiled by the Apostle the Minister of God and not the Minister of the people Therefore he is the Minster of God onely and not the Minister of the people as if the one Relation were incompetible with the other Why the King or other Ruler for the Doctour mistaketh in his supposition that the Apostle appropriateth this stile the Minister of God to the Supreme power or Ruler evident it is that he speaketh it of Rulers indefinitly and as appliable unto any but why the King or other Ruler should be expressely asserted by the holy Ghost the Minister of God and not the Minister of the people though he be as well the one as the other the reason is obvious First because the Relation of a Ruler unto God as being his Minister is a spirituall truth and not so obvious to the minds or thoughts of ordinary men as that he is the Minister or servant of the people as that Pastours of Churches are Ministers of and servants unto the respective Churches unto which they Minister in the things of the Gospel is a far nearer-hand truth than that they are the Ministers of Jesus Christ i. that they Minister unto them in his Name place and stead and that the nature and exigency of their office requires of them that they speak and doe the same things to and for them in order to their eternall peace which they conceive Christ himself would speak and doe if he were their immediate and onely Pastour Now it is much more proper for the holy Ghost to deliver and assert in the Scriptures truths of a more sublime and spirituall import than those whereof the common light of reason in men is sufficient to perswade and lead them unto 2 The scope of the Apostle in the Text in hand being to 〈…〉 13 perswade subjection unto Magistrates or Rulers it was very pertinent and proper for his purpose to assert them the Ministers of God but had been much out of his way to tell them that they were the Ministers or servants of the people As when his intent is to dis●wade men from Apostasie he doth not inforce his dehortation by any such motive as this that God is loving gracious mercifull long-suffering or the like but by this vengeance belongs to him and it is a fearfull thing to fall into the hands of the living God * 〈…〉 and again For our God is a consuming ●ire † yet his representing of God under these expressions of 〈…〉 terrour upon a speciall occasion doth not imply but that he is loving Gracious c. no more doth he in stiling the Magistrate the Minister of God by way of inforcement to a speciall duty deny him to be or suppose him not to be the Minister of the people also Yea there is a plain intimation of this Relation likewise in the Magistrate in the same place as where it is said for this cause pay ye tribute also for they are Gods Ministers attending continually upon this very thing i. Upon the promotion of your good by Governing Now what is a more proper badge or character of a servant than attendance especially continuall attendance upon another for the conveniencing of him in his affairs 5. The creature is not superiour to the Creatour nor the thing made unto it's maker but the contrarie Now evident it is from the Scripture it self that the people are the makers of Kings and Kings their creatures or work-manship Though David was expresly nominated and appointed by God himself for King over Israel yet was he not a King over Israel untill the
by the Authour That God who will blesse the righteous * Psal 5. 12. compasse you about with his favour as with a shield and make you as Angels of God to discern the cond●oements of this poor Nation and to quit your selves in all manner of worthy and prudent actions with all faithfulnesse accordingly This is the prayer not in face or words but in heart and soul of Your Honours most constantly devoted Servant in the Lord JOHN GOODWIN From my Studie May 17. 1647. ¶ The Contents of the ensuing Treatise THe Ministers great Contributioners to our late and present troubles Sect. 1. The weaknesse of their Addresse to the Generall and Councel of War for the taking them off from assisting the Judiciarie proceedings against the King Sect. 2 3 62 63 64 65. God himself cautioneth against the exemption of Kings from Humane Justice Sect. 3 4 c. A Law of the Land for putting Kings to death as well as other men § 5 6 7 The Plea drawn from the incompetencie of any Authoritie to question or sentence the King answered Sect. 8 9 10 c. The King especially under Delinquencie not superiour no nor equall to the bodie of his People Sect. 9 10 11. and 29. The People have a lawfull power to change their Government when they see just cause Sect. 11 12 c. Rom. 13. 4. Vindicated against the critique Annotation of Doctour Hamond Sect. 13. 1. Petr. 2. 13. Vindicated against the said Doctour Sect. 14 15 16 c. The Doctours Arguments for the immediate derivation of Kingly Authoritie from God answered Sect. 20 21 22 23 c. Par in parem non habet potestatem a rule in some cases none in others Page 29. 30 c. The greatest necessitie lightly imaginable lying upon the Armie to purge the House as they did Pag. 130 131 c. Argument drawn from Scripture injunction to obey Kings and Rulers answered Pag. 32. Who are to judge when or whether Kings be Tyrants Pag. 33. The Parliament a true Parliament and in a capacitie of ●recting a Court of Justice for the Triall of the King Pag. 34 35. Not under force Pag. 36 37 c. The non-concurrence of the House of Lords disableth not the Act of the House of Commons concerning the Triall of the King Pag. 38 39 40 c. The execution of Justice when neglected by the Magistrate d●v●lves of course to the People Pag. 41 42 44. The fact of Phineas so of Ehud reducible to ordinarie and standing rules of dutie Pag. 43. 44 c. The Ministers Plea from the Covenant answered Pag. 48 49 50 51 c. Reason why the Ministers build so much upon the Solemn League and Covenant Pag. 56. Argument from the Oath of Allegiance answered Pag. 57 58 59 ● Not necessarie that all accessaries in all cases of murtherous ingagements be punished with death Pag. 61 62. Why the King rather to be punished than his instruments P. 62 63 64 c. The Ministers Plea from the punishment of the Kingdom of Israel and of Sauls posteritie for Sa●l● violation of the Oath made to the G●●●onites answered Pag. 66. The Ministers put darknesse for light c. Pag. 67. being ●…●e● the worst of all Sectaries Pag. 6● How weakly they plead their opinion from the Scriptures Pag. 69. The notoriou● untruth of their Plea taken from the constant judgement of Protestant Divines Pag. 70 71 72 c. The Plea drawn from de●ect of Presidents answered Pag. 77 78 79 c. The Plea from the un-accountablenesse of Kings unto men answered Pag. 82 83 c. Psalm 51. 4. Against thee thee onely have I sinned opened P. 86 87 88. The King had suffi●i●●t means to know that his life might lawfully be taken from him for such p●●p●rations as he practised Pag. 88 89 c. The taking of the Protestation and Cov●nant after his ingagement in bloud by the Parliament and Kingdom was no s●are upon him Pag. 89 90. The King no way●s defensible by plea of Innocencie Pag. 90 91 92 c. His confession or concession rather of bloud-guiltinesse though in appearance politickly provisioned yet no argument of such depth of wisdom as some attribute to him Pag. 95 96. A b●i●f touch upon the Kings Book so call●d Pag. 96. The bloud shed by the King no bloud of wa● in any excusing sence Pag. 97 ¶ The Contents of the second Treatise M r Geree stumbleth at the threshold Pag. 100. The reason of his Dedication ibid. Mr Geree no friend to the Parliament though gratified by the Assembly Pag. 101. He condemneth himself Pag. 102. Prejudice an effeminate Passion Pag. 103. In stating the Question between him and Mr. G. he mistakes in every particular and besides conceals some things necessarie thereunto Pag. 103 104 c. M r. Geree pleaseth himself in finding out imaginarie buls Pag. 108 112 Popish writers in points extra-controversall as acute and sound as Protestant Pag. 110. M r. Geree confutes by the Authoritie of such Principles as this What the Word of God saith in one place it must needs say in every place Pag. 111. Not the same reason of subjection to Magistrates from Subjects which is from servants to their Masters ibid. M. Geree jears at new lights Pag. 112. How and how far Oaths to be taken according to the intentions of those who administer them Pag. 113 114 c. M r. Gerees four arguments to justifie the sequestered Members of Parliament answered Pag. 115 116 117 c. The Kings Concessions voted large by M r. Geree and M r. Ptynne antivoted dangerous and destructive by the Reason of one and the Religion of another Kingdom Pag. 117 118 c. An un-princelike Principle in Princes seldom or never to keep Faith with their People upon discontents Pag. 122 123 c. The King according to Mr. Prynne the avowed servant of the Pope P. 124. his distast against the English nation hereditarie Pag. 125. The Parliament would not have been invested in the peoples affections by any recommodation with the King Pag. 127. A DEFENCE Of the Honourable SENTENCE passed by the high Court of JUSTICE upon the late KING Sect. 1. IT is somewhat a slight Proverb but carries an Sect. 1. experienced Truth in it of good portendance to the Common-wealth that Good ale sieldom wants a friend on the beneh But that vile Actions Oppression Tyranny Treason Rapine Depopulations Murthers horrid Murthers yea the evident exposall of a poor wasted Nation to a re-suffering of her late endured miseries and extremities should find so many Friends in the Pulpit and amongst Pulpit-men as is notoriously known they do at this day is matter of a far more deplorable and threatening import unto the Nation That those fourtie odde Ministers of Jesus Christ nam quoniam vult Alexander Deus esse Deus esto or rather the stickling part of them for some were rather subscribed than subscribers yea some I understand have repented of
the contrarie His fairer probabilities in the other side are but of a very washie and faint complexion I wonder what ample testimonie he ever gave of such a deep Wisdom as M r. Geree poëtizeth in him Himself insisteth upon no particular in this kind Nor I clearly professe do I know how to furnish him As for some wittie expressions plausible insinuations she evasions captious overtures dissembling pretences with never so many FINE DESIGNS of no better calculation than these he that will call d●●t●s ●● wisd●m declares himself to be but shallow The wisest ●●ad● that leaned to him in his late ingagements and tro●bles h●ve from time to time more complained of his WILL than admired his wis●●m and some of them in particular presaged that which hath since befallen him from his defective and unpo●●tick managing his last and fairest opportunity in the Treatie at the Isle of wight And for that invincible patience and tra●q●illity of spirit i● h●● sufferings wherewith the fancie of this Authour seems to be so much ravished I must be beholding to him to ●end me his Faith to beleeve either the one or the other It is too well known how effectually the spirit of impatience and revenge wrought in him all along his sufferings during all which time his head was as a fornace or smiths forge which had alwayes these two irons in it an escape from his rest●aint and a plotting mischief and destruction against his Parliament and Kingdom Yea whilst the last Treatie it self was on foot wherein the terms of his restitution were brought many deg●es lower than in an● former Treatie they had been and indeed too low by far for an healthfull scituation to the Kingdom as was formerly proved yet did he relent nothing at all from the inveteratenesse of his spirit both against Parliament and Kingdom but was now as intent and active in giving Commissions and in other contrivements in order to the misery and ruin of those who sought his honour and peace in away of righteousnesse onely in conjunction with their own safety as at any time formerly he had been Are these M● Gerees Symptomes of an invincible patience and tranquillity of ●●irit in sufferings As for his experience which M r. Geree supposeth would have made him wary the truth is that men of will and revenge are of the worst temper and capacitie to learn wisdom of such a mistresse Experience of miscarriages defeatures losses c. seldom teach such men any better wisdom than to project and practice revenge upon such persons by whom they have been worsted from time to time with so much the more subtilty industrie and unrelentingnesse of spirit Whereas M r. Geree addeth that should the King have been Sect. 27 willing to have let out his Spirit in a destructive way of revenge yet ●e could not because his hands by these concessions were tied this conceit hath been weighed in the balance already and found light If he speaks of such an impotency in the King which is contra-distinguished to a legall or equitable po●er he saith very true that the King COULD NOT after his Concessions no nor yet before break out in a way of revenge In this case the saying is true Id ta●●ù● possumus quod jure possumus But for the tying of his hands which he speaks of they were much faster ti●d by his Coronation Oath and his signing the Petition of Right besides many other bands as well of Religious ingagement as civil than by his late Concessions for the reason above specified And if whilest he was but a novice and young practitioner in comparison in the art of Oath-breaking and promise-waving ●e was so ●ar master of both as to be able to over-rule the strongest O●ths and the clearest and most signall promises in order to the satisfying of his lusts and making way to his own ends is it imaginable after so great an obduration of conscience as by so long an habituated custom in both must needs be contracted by him that such Concessions as Mr. Geree speaks of so pretensible with arguments and pleas for ● lawfulnesse of r●cesse or non-observance should be able to bridle or hold him in That which follows is but a puff of the same wind By Sect. 28 this recommodation saith he the Parliament would be reinvested in the peoples affections and any attempt of breach on the Kings part would carry so much ill in the face of it that the whole Nation would be ready to rise upon and pluck in pieces whosoever should be supposed to be either Counsellours or Actours in such a breach of Faith c. And the Militia being in the Parliament● hands c. What intelligent man is there to whom such discourse as this seems not a ridiculous kind of utopianisme For 1. In case of a closure or agreement between the Parliament and the King the King would have been applauded and adored by the generality of the people as the Authour of all the satisfaction and contentment which should have accrued unto them thereby and the Parliament looked upon not so much as those who had procured their good at the last as those who by their unreasonable and unjust demands of the King formerly had obstructed their good hitherto The body and bulk of the people would have thought the whole and intire substance of all their affections a gift little enough to bestow upon their King the Parliament was like to have had little or no part of fellow-ship in the businesse The Son that had been long lost and at last was found had the fat calf killed for him 2 Had the King been re-invested in his Throne he would Sect. 29 soon have put the nation out of a capacity of rising up against him or any of this Instruments whatsoever either He or they on his behalf should have done though in wayes of greatest violence and oppression We know that whilest his Honour and power were yet under a great Eclipse and himself in durance he had a party in the Kingdom ready and able according to a rationall estimate of ablenesse or power to have done him the service of treading down the Nation under his feet and of breaking all his Opposers in pieces like a potters vessell yea and this whilest they had an Army valiant and faith full and for number not inconsiderable for a guard to them Yea had not the glorious God who loveth the righteous ingaged the Stars to fight in their courses against that party of his we speak of the work had been done to his hand the bones of the Nation in a way of all humane probabilitie had been so broken that it could never have stood up more to defend it self against him what yokes of Tyranny soever he should have bound upon the neck of it If then his influence was so potent upon his party whilest he was yet in so great an Eclipse and in disputable condition whether he should return to his Throne
shall chuse out the God of Israel from amongst all the gods of the earth to serve honour for your God you shall appropriate him to yout selves he will not he cannot denie himself to be yours And they who are circumspect and carefull in the choise of their God may be secure about their enemies If you had all the world your enemies yet had you but the dust in the balance or the drop of the bucket to oppose you the greatnesse of your God swallows up all consideration of your enemies into ●●ctorie and makes them bread for you Onely take heed that you profane not the excellencie of your strength either by fearing the faces of men or by crouching to the God of this world for any of his morsels The glory of the incorruptible God is as unto men turned into the basest lye into the similitude of a dumb and dead Idol when they who pretend to his service shall shew themselves either fearfull or unjust In either of these deportments much more in both together men blaspheme the name of that God whom they serve if indeed they serve any either as defective in power wherewith to help them or in goodnesse which should ingage this power for them or in both A well built Confidence and Conscience answerable to it are two noble Principles absolutely necessarie for those who desire to live in amitie and friendship with God Be not troubled that the Nation is departed from you keep your hold fast upon God and with Jacob let not him go and he will blesse you he will ●isse unto the Nation and bring them back again in a moment unto you Depend with your whole heart upon him and you shall render him as unable to forsake you as to denie himself You know how soon the minds of the poor People of the Isle Melita were turned upside down within them concerning Paul He that was in their thoughts as this hour a murtherer a man whom Divine vengeance would not suffer to live the next became no lesse than a God * Acts 2● 46 I trust the weak and sinfull People of this Island have left you upon no worse an account than On●simus as Paul hoped sometimes for look his master Philemon they have therefore departed for a season that you should receive them for ever † Philem 1● Pert●n●● b●●itas al● qu● ●●●●n●●t There is no evil no frowardnesse so stubborn but pertinacie in goodnesse will in time overcome If your straits were so great that you knew not otherwise what to do Jehosaphats stratageme of casting your eyes upon God * 2 Ch●●● 20. 18. is alwayes ready for execution and none more promising successe against enemies than it Nor can I much fear but that that God who stood by you when the wickednesse of your Heads compassed you about and gave them into your hand will any more ●avour the iniquitie of your heels † Psalm 4● 5. against you or suffer you to fall into their hands One thing by which you are losers at present in the judgementts and affections of manie men makes you most assuredly great gainers in the favour of God your zeal and faithfulnesse I mean in that most exemplary act of Justice upon the late King and will I question not counter-work it self in the hearts of the same men as the Gospel sometimes did in the conscience of Paul when having first provoked him into persecution afterwards it wrought him about to a zealous predication and propagation of it In so much that the Saints said of him He which persecuted us in times past now preacheth the Faith which once he destroyed * Gal 1 ●● The first apparitions of things new and strange especially when the reasons and causes of them are unknown most of all when there is place and opportunitie for the jealousies and fears of men to write their consequences and effects sad and bitter are usually disturbing and offensive to their apprehensions But when a diligent inquirie hath satisfied them from whence they come and a little experience whither they go and no evil found in the form●● nor felt in the latter that which was at the first offensive soon ceaseth and the things themselves become the delight and great contentment of men When the Disciples at Sea in the fourth watch of the night saw Christ walking on the Sea towards them they were troubled saith the text saying it is a spirit and they cried out for fear * M●●● 14. 26. but when he was come into the ship and had reconciled the boistrons winds and Seas to their desires he proved the joy and great rejoycing of them all The Scriptures afford severall other instances in this kind That that Royal Act of Justice we speak of whereunto your hearts and hands were lifted up by God should for a season exercise and trouble the sancies of many is not to be numbered amongst things that are strange considering 1. how long the judgements and consciences of the generalitie of men in the world have been overshadowed with Prerogative Divinitie 2. how unaccustomed the present Age is to bear the weight of such Heroique transactions 3. that neither were their Fathers able to report unto them any such thing as done in their dayes 4. how generall onely and therefore in many respects unsatisfactorie most of those accounts are which have been drawn up for the Justification of the Action 5. and lastly what latitude and scope there is for the jealousies and fears of men to play up and down in forming and fore-casting the events and consequences of the Action almost to what dismall and formidable varietie they please But the two things alreadie hinted 1. a distinct and clear apprehension of the justiftablenesse of the grounds upon which the said Action stands fair and without spot 2. a competent experience that in the consequence of it it will onely blesse and not at all curse the Nation will perfectly heal the offensivenesse of it and bring back the hearts of men unto you by the same way they went from you Out of an unfeigned and humble desire to set both your persons and Honourable proceedings especially about the late King right and straight in the minds and affections of the Nation having withall diligence and good conscience surveied that great Transaction of yours in all the circumstances of it and all the Pleas relating to it as well by way of opposition as comport as far as my weak apprehension was able to discern any thing of such an import I was willing to tax my self at so much time and pains which I have now levied accordingly as to draw up a Report in writing of what I found in that my survey This I humbly present unto your Honourable House in the next ensuing discourse attended with the strength of my desires that it may and with some ●aint hopes that it will accomplish that good thing on your behalf amongst men whereunto it is consigned
for the punishing of shoe-makers or taylours with death in case any of these vocations shall be found guilty of murther though there be no particular expression of either of their professions in the Law which sentenceth murtherers with death why should not the same Law be conceived to lie as clear for the p●nishing of Kings with death in case they murther though there be no expresse insertion of their Office or calling in the Law to signifie their inclusion in it considering that there is no more intimation neither for their exemption than for the other To say that the Law we speak of was never extended unto or Sect. 6. understood of Kings and therefore neither ought now to be extended unto or understood of them would be to say some what but what is next to nothing For 1. who is able to give any sufficient account that it was never in no age by no person understood of Kings That in point of execution it was never extended unto Kings is but a slippery proof that it was never understood of them Very possibly it was never in such a sence extended unto musitians or moris-dancers yet this if it could be proved would be no proof that therefore it was never understood or meant of them Besides if the Law we speak of never extended unto Kings in the execution of it it is no great wonder considering 1. That there being but one King at a time in the whole nation it can be no matter of wonder that he should not be a murtherer which supposed I mean that never any King of England heretofore was or was known to be a murderer there was no possibilitie that the said Law should formerly have bin extended unto Kings in point of execution 2. In case it could be proved that some former King one or more were guiltie of murther yet probably those who were intrusted with the execution of the Law we speak of might connive either through fear favour flatterie or the like In such cases as these there was no opportunitie of extending this law in the execution of it unto Kings Upon the same account it may well be that however the Law ought in reason equity and according to the import of the letter and words of it be understood as well of Kings as of meaner men yet it might never be publickly and Authoritatively declared that it ought to be so understood But 2 What if it can no more be proved that the said Law was ●●●t 7. never yet understood of Kings than it can be proved to have but executed upon Kings Doth it therefore follow that neither now it ought so to be understood especially considering 1 That the expresse letter and tenour of the Law will fairly bear such a sence 2 That such an understanding and interpretation of it will well stand with all principles of reason and equitie 3. That the pulick interest peace and safety of the Nation requires such an Interpretation 4 and lastly that the contrarie can never be proved I meane that it was never understood inclusively of Kings Suppose there were such a sence or interpretation of some text or sentence of Scripture lately given which every waies comports with the letter and gramaticall sence of the words fully agrees with the Analogie of Faith or the received principles of Christian Religion falls in very genuinely with the context or scope of the place perfectly accords with the clear sence of the like phrase and expression in Scripture elswhere c. were such an interpretation to be rejected meerly upon such a pretence as this That it cannot be proved that ever it was given or received by Christians heretofore Nor is that colour lesse washie or fading wherein to the exemption of Kings from humane Judicatories is commonly put to give it some semblance or shadow of a Truth that the King is Supreme and above all persons in his Kindom and in this respect there can be no competent or lawfull Authoritie on Earth to question ar●aign or judge him it being a received Maxime in politiques that ●ar in parem non habet potestatem multò minùs inferior in superiorem .i. that no man hath any right of Authoritie over his equall much lesse an inferiour over his superiour For to this we Answer 1. That the Scripture cannot be dissolved by the authoritie of Sect. 8. any Politick Rule or Maxime whatsoever of humane sanction If God in the Scripture saith that who so sheddeth mans bloud by man shall his bloud be shed men must not reply to him say we are content to put this Law in execution when Kings are not the transgressours but herein we must be pardoned we have no Authority nor Know we how to create any by which to punish Kings according to the exigencie of this Law when they offend against it We have a Canon sacred and inviolable amongst us which prohibits any man or numbers of men to execute this Law of thine upon Kings Will that God whose name is jealous suffer the Divine Authoritie of his Law to be trodden under foot by men for the salving of the credit of a Law or Principle of their own But 2 It was never yet proved nor I beleeve ever will be Sect. 9. either by any Scripture or sufficient Reason that the King especially under a Delinquencie or crime deserving death is either Par equall viz in power much lesse superiour to the body of his people or their Representative Master Rutherford whom these Ministers may well look upon as Praesidium dulce decus suum the chariot of Presbyterie and the hors-men thereof teacheth them another lesson over and over in his book intituled Lex Rex For the subject of Royall power saith he we affirm the first and native subject of all power to be in the communitie * 〈…〉 p. 5● Again There is not like reason to grant so much to the King as to Parliaments because certainly PARLIAMENTS who make Kings under God ARE ABOVE ANY ONE MAN and THEY MUST HAVE MORE AUTHORITIE and wisedom TH●N ANY ONE KING except Solomon as base flatterers say should return to the thrones of the Earth * I●●● p ●● Yet again wherever there is a covenant and oath betwixt equalls yea or superiours and inferiours the one hath some coactive power over the other which position he clearly proveth ● I●●● p. ●9 by a case immediatly subjoyned presently after Though therefore the King should stand simply superiour to his Kingdoms and Estates which I SHALL NEVER GRANT yet if the King come under covenant with his Kingdom as I have proved at length c. 13. he must by that same come under some coactive power to fullfill his covenant * Ibl●●m Again unanswerably I have proved that the Kingdom is superiour to the King * I●●● p 46. Yet over again If we consider the fountain power the King is subordinate to the Parliament and not coordinate for the
violation of them In such cases of Delinquencie as this that superiority which for argument sake we suppose in simple and absolute consideration to be competent to the King is for the time and untill just satisfaction be made forfeited unto the people and they made the Superiour hereby For doubtlesse he spake very conformably to the Law and light of nature and nothing but what the Scripture it self frequently attests who said Fa●●●●s quos inquinat aequat i. Sin levels all as far as it pollutes If then Superiours joyning in any act of impietie with their inferiours lose the honour and dignitie of their Superiorship and render themselves as v●le and low as these their Inferiours who partake in the same impietie with them they must needs by the contraction of such guilt upon them fall beneath their Inferiours who are innocent and turn the Relation of Superioritie and Inferioritie between them upside down Therefore 5 And lastly for this though it should be granted that a King truly and properly so called is either equall or Superiour in power to his people in Parliament yet being degenerated into a Tyrant he is neither A King and a Tyrant are as specifically distinct as a lawfull husband and an adulterer This clea●ly appears by their respective descriptions or definitions which do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one answer the other in a relative opposition after the manner of two species contra-distinguished the one against the other under the same genus He that is a Tyrant saith Aristotle minds his own benefit or profit in his Government 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 but he that is a King that benefit of those that are governe● by him He is a Tyrant saith Peter Martyr that ruleth contrari● to equity good and the Laws Now certain it is that as neither God nor men ever ordained that the adulte●er should be the head of the woman or claim or hold any superioritie over her whose chastity he attempts by force So neither ever did the one or the other ordain by Law or otherwise that a Tyrant should be the politick head of a body of people collectively taken or that such a body as this should acknowledge him for their Superiour Kings themselves in the notion of the Civil Law and of sound reason it self as was formerly argued are but servants or vassals to their Kingdoms or those respective Common-wealths which they govern We hold that the ●aw saith with us saith Master R●therford that vassals lose their farm if they pay not what is due Now what are Kings but vassals to the State who if they turn Tyrants fall from their right * 〈…〉 Elswhere If a King turn a Pa●ricide a waster and destroyer of the people as a man he is subject to the coa●tive power of the Laws of the Land c. * 〈…〉 pag. ●●● If Kings in the best of their honour according to the very tenour and tenure of their Office and before any tainture with Tyranny be the servants of their States and people and in this consideration are their Inferiours how much more when they have abused themselves with wickednesse in their Government and violated those very Laws which were the spirit life and soul of their Authority That particular Christians are injoyned by God in the Scriptures Sect. 30 to obey Kings and Rulers when they were persecutours and wicked is no argument at all whereon to conclude that therefore such Kings or Rulers were not the Servants of and in their power and Authority dependent upon those respective States and Kingdoms which they ruled There is little question to be made but that particular Members of a Statest and bound in prudence as well civil as Religious and therefore and in both respects in conscience to yield obedience unto him in all things Lawfull untill his Master or Lawfull Superio●r I mean the body of that State or in cases extraordinary such a part of it as shall be spirited and strengthened by God for the atchivement which hath made him their Ruler shall in a Regular way dis-title him and take that Interest of power and Authority from him which they gave him as Masters use to doe by their servants when they discharge them of their service But this proveth not so much as in face that therefore the intire body of a State in their representative stand bound in prudence either civil or religious to continue such an Head in the power and Authority of his Headship over them or to own him still for their Superiour A Corporation or Company convened together may Lawfully do many things relating to their body which no single person of them may doe as for example they may discharge an Officer whom they find unfaithfull in or insufficient for the place wherein he hath formerly related unto the Company which no particular person amongst them can or ought to doe And certain it is that the Apostles did not direct their Christian precepts or exhortations concerning obedience and subjection unto Kings to Bodies politique or whole States or Kingdoms collectively taken but unto Christian Churches and the Members thereof in particular Nor did they undertake to umpire by any sentence or order directed unto them from heaven between Kings and States touching their civil rights or politique interests but left them in these to the Regulation of the Law of nature and of nations To object but who shall judge whether the King be a Tyrant Sect. 3● or no or is it meet that the people who are a party and his enemies should be admitted Judges in their own case is but to call for an answer near at hand First the Laws of the land are very competent and unpartiall Judges in such cases If these do not either expressely or constructively and by evident consequence declare a man to be a Tyrant it is probable that he is not guilty but if these speak his guiltinesse in that point the testimony against him is sufficiently valid If it be further demanded but who shall declare or expound the Law in this case I answer the known Rule in the Law is that it 〈…〉 appertains to them to interpret the Law to whom it belongs to make it Now it being the Interest or right of the people in their Representatives to make their Laws it must needs be their right also in the same capacity to interpret them If it be yet said yea but the King is interessed in making of Laws as well as the people therefore it belongs as well unto him as unto them to interpret them I answer no the King is not interessed in making 1. in framing or contriving Laws but onely in ratifying or confirming them That which he contributes towards the Laws is onely the guift of his Royall assent which supposeth them made before they come at him His Assent unto the Laws made by the people is in it self and simply considered but a State formality yet apprehended it seems of such
obnoxiou●nesse exposall or nakednesse of it to the stroke of the di●pleasure or just indignation of God see 2. Sam 21. 2. King 24. 2 3 4 c. Esa 4. 4. Jer. 22. 3. compared with 6. 5. Lam. 4. 13 14. Ezek. 16. 38 39. 22 2. ● 4 c. So that a Land or People are in a very dangerous and sad condition whilest they remain under pollution 2. As certain it is that a land which is polluted with bloud Sect. 56 cannot be recovered from under that danger of divine displeasure whereunto it is subjected by such a pollution but onely by the capitall punishment of him or them who have so polluted it For bloud saith God himself it polluteth the land and the land cannot be cleansed of the bloud that is shed therein but by the bloud of him that shed it * N●● 35. ●3 It is true where the number of accessaries or of persons drawn in to assist in any murtherous ingagement is very great it is not necessary for the purging or cleansing of the land that the bloud of them all should be shed especially when the Heads and Principall Actours in such ingagements are delivered up by hand of divine Justice to make the atonement For though the punishment or execution of Justice upon the murtherers which God requireth in order to the cleansing of a land for the present polluted with bloud requireth the bloud of the murtherer yet the end or intent of such punishment or execution is not the shedding the bloud of the offender but the effectuall prevention of like enormous crimes for the time to come Therefore when such punishment is inflicted upon Delinquents in this kind or Execution of Justice done which may reasonably be judged efficacious for the terrifying of bloudily-disposed men from attempts of bloud afterwards it is I conceive a sufficient expiation of the land and a competent re-enstating of it in the love and favour of God God himself in his Law declareth the end of that punishment which he commandeth to be inflicted upon malefactours to be the prevention of the like evils in others afterwards For having made a severe Law for the stoning to death of such persons that should intice away the people to Idolatry But thou shalt surely kill him and again And thou shalt stone him with stones that he die c. he subjoyns as the principall thing he intended by such an execution of Justice And all Israel shall hear and fear and shall do no more any suc● wickednesse as this is amongst them * 〈…〉 ●3 1● 1● A like passage we have again a few chapters after And the man that will doe presumptuously and will not bearken unto the Priest or unto the Judge even that man shall die and thou shalt put away the evil from Israel And all the people shall hear and fear and do no more presumptuously † 〈…〉 ●7 ●● ●● The meaning is not that such an universall reformation as this should certainly or infallibly be the fruit or consequent of such an administration of Justice but that such a course would be proper and effectuall to produce it So then when Gods end in commanding the execution of Justice upon malefactours is sufficiently according to the principles of good reason and experience in like cases provided for there is no necessity of extending the execution especially in the height or rigor of it any further It is like Saul had many accessories and instruments counselling and assisting him in the cruelty which he practised upon the Gibeonites yet God accepted a sacrifice of onely seven of Sauls house himself upon another account being now cut off by death by way of atonement for the land If it be here replyed and said but why might not then the Sect. 57 King have been spared considering that there were besides him so many Capitall Offenders in the same ingagement with him delivered up to the stroke of Justice would not the cutting off of all these by the sword of Justice have been a sufficient atonement for the Land and provisionall in abundance against the like mischievous perpetrations for the future To this I answer 1. That when the Apostle Jude admonisheth us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. to put a difference amongst or between those on whom we shew mercy * Jude ve●s 2● it would be rather a deriding then observing of his injunction to give most unto those who are most unworthy and are like with all to make the worst use of what is given unto them in this kind in like manner when there is an opportunity haply a necessity of putting a difference in the execution of Justice it would be a provoking abuse of this opportunity in the sight of God and of all just men to condemn the grashoppers in sin and to let the An●kims especially Anak himself to escape Though the strictnesse of Law permit the Creditour to fall upon the surety for the recovery of his money when the principall may be had and is solvendo yet such a practise as this would not be of any good resentment with men of ingenuous and fair principles I think there are few men amongst us but will grant that the King was not onely the Supreme Person but the Supreme Actour also in the tragedie of bloud which hath been lately acted upon the stage of this Nation yea and had more of the guilt of the bloud shed in it upon his consciensce than all his fellow-Actours besides put together His own confessions at the treaty in the Isle o● Wight implied no other Now to cut off the tail of wickednesse and to leave the head still upon the body what would it be but to render Justice the comeliest of all virtues as a ridiculous and deformed Monster 2. Should Justice seize upon Inferiour Delinquents onely Sect. 58 and such who have lesse of the evil done upon them and passe by him who hath been the Grandee and deeper in wickednesse than they all such an administration reason it self being Judge would be so far from securing the Nation from such bloudy attempts against it for the future that it would rather be a means or occasion to provoke and irritate the same spirit of wickednesse the second time For if Kings or Persons intrusted with the Supreme Power of the Land or with the Administration of this Power be more than inclinable enough to make such Tyrannous and bloudy attempts upon their Subjects whilst as yet they know not whether they shall suffer from the hand of Justice or no in case they prosper not in their way much more will they be incouraged and their hand strengthened unto such wicked practices and ingagements when all fear in that kind shall be taken from them by an experimented exemption of their Persons in such a case And if that of Solomon be true that because Sentence against an evil work is not executed speedily therefore the hearts of the Sons of men
i● fully set in them to do evil much more fully set to do evil must their hearts 〈…〉 needs be when they shall expect or fear no Execution at all neither speedy nor tardy As for Execution by a Divine hand or punishment from God how terrible soever they are or may be when they come yet are they seldom to Kings or Persons in greatnesse of Power of any resentment at all before Divine Justice before Execution or threatenings from God are turned i●to straw and stubble and rotten wo●d before Kings To say that Kings can do no evil without instruments and Se●● 59 from hence to infer that therefore the punishment of Instruments is sufficient to bind the Kings hands from doing evil and to stop all the issues of mischief as from him is but to lay a foundation of sand to build hay and stubble upon For 1. though no man should miscarry or fall under Sathans temptation yet Sathan is neverthelesse himself as much a devil in his suggestions and temptations as he could be in case all that are tempted should fall by him The evil of Kings is not eased or diminished upon this account that they can purchase or procure no Instruments to serve them in wicked designs nay such a disappointment as this unlesse it shall be supposed universal yea and upon such terms that every person tempted by them in this kind shall at the very first reject their motion with a peremptory indignation is like to make them so much the greater Sinners For as beggars that cannot receive reliefe at one door are hereby occasioned and half necessi●ated to re-act their parts at another So tempters unto evil being under the command of such a lust which cannot be fulfilled without the consent and concurrence of others there●nto the more denials they receive are provoked to multiply their tentations so much the more and to attempt the integrity of greater numbers and consequently to sin the more And besides faint refusals do but teach the Tempter his art more perfectly But 2. Whilest Kings or Persons in Sovereignity of Power are Sect. 60 free from fear of punishment for evil practices and consequently at full Liberty to assault the weaknesses and infirmities of men by their golden baites of tentations it is in vain to conceive or expect that they should not be able to raise up a generation of Instruments for their turn against any disadvantage whatsoever How many persons have perished and do perish daily in the sight of the Sun through Sat●ans temptations and yet Sathan being at liberty to tempt the generation of evil doers through his temptations faileth not abateth not nor is like to do either untill the Tempter be tied up in chains 3. And lastly to the main Objection in hand I answe● Sect. 61 that had the servants onely suffered from the hand of Justice and the Master of the house the King being more polluted with the bloud spilt in the Land that they all escaped the Pattern in the mount I mean the example of God himself in executing Judgement and Justice had been declined and some ignoble slimie modell of the valley followed in the stead For the Scriptures from place to place still represent God as fixing his eye in speciall manner upon Kings and Princes when he threatens any severe Execution of Justice upon men for such sins wherein they were Actours as well as others And when seventy years are accomplished I will visit THE KING of Babel and that Nation saith the Lord for their iniquities c. * Jer. ●5 1● Afterwards in the same Chapter Then took I the Cup at the Lords band and made all people to drink unto whom the Lord had sent me Even Jerusalem and the Cities of Ju●●h and the KINGS thereof and the Princes thereof Pharaoh also KING of Egypt and his servants and his PRINCES and all his people And all sorts of people and all the KINGS of the land of Uz. And ALL THE KINGS of Tyrus and ALL THE KINGS of Zidon and THE KINGS of the Isles that are beyond the Sea And ALL THE KINGS of Arabia that dwell in the desert And ALL THE KINGS of Zimri and ALL THE KINGS of Elam ALL THE KINGS of the Medes And ALL THE KINGS of the North far and near c. and THE KING of She●ha●h shall drink after them * Ve●s 17 1● 19 20 c. See other places of like import Jer. 49. 3 38. 50 35. Hos 5. 10. Am. 1. 4 15. Ezek. 29. 3. 31. 18. Psal 76. 12. 110. 5 6 c. It were easy to make this pile yet much greater the holy Ghost upon all occasions seeming to make speciall threasure of this Observation that whensoever the wrath of God is revealed from heaven in any publick manner against the unrighte●●snesse of men Kings and Princes when they are of the confederacie are still placed by him in the front of the Sufferers and made to drink of the Cup of his indignation whosoever else escapeth Therefore the Ministers who so importunely presse the sparing of Agag what do they else but change that precept of Christ into an injunction of their own wherein he commands those that professe Faith and Interest in him to be perfect not as men nor as men count perfectnesse but as their heavenly Father is perfect * 〈…〉 By what hath been argued concerning Oaths in point of Obligation and Disobligation it fully appears how irrelatively Sect. 62 to their occasion our 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to speak in M r. J●●kins Dialect one of the Subscribers insist upon the severe punishment of the Kingdom of Israel and of Sauls ●●●t●rity in particular by God for Sauls violation of the Oath w●ich Joshua and the children ●●●iou●●nd F●●●hfull Rep●●●entation of Israel ●ad swor● unto the Gibe●nit●s This example is just as much to their purpose as if I should alledge the severe displeasure of God against the Nation of the J●ws for crucifying of Christ to deterre Judges and Executioners of Justice in a State from putting murtherers or the most desperate Malefactours to death If the Parliament or High Court of Justice should have proceeded capitally against the King in case his Government and Deportment towards his People had been just and peaceable or without sufficient and due proof made of matters and crimes against him justly by the Laws of God and men and his own Land deserving death the examples of Sauls slaying the Gibeonites contrary to Oath and Covenant would have somewhat parallelled the case But the Ministers to make the Example so much as in colour serviceable unto their design must prove either first that the Gibeonites whom Saul slew in zeal to the Children of Israel had been murtherers and men of bloud had by inciting and joyning themselves with a discontented party of the Sons of ●elial destroyed the Lives burnt the Towns and Dwellings ruined the Esta●es of many thousand innocent persons in the
Land c. Or else 2. they must prove that had these Gibeonites committed all these horrid crimes and crying abominations in the Land yet God because of the Oath and Covenant made with them would as severely have punished the Kingdom of Is●ael and Sauls Posterity as now he did in case Saul in a due and regular processe of Justice should have put them to death Except they can prove both or at least one of these they do but beat the air with Sauls sword that slew the Gibeonites But how miserably and above measure blind do these men Sect. 63 shew themselves to be when they call the proceedings of the Parliament and High Court against the King the drawing upon themselves and the Kingdom the bloud of their Sovereign * A Vindication c. p●g 7. That which God and the Scriptures expresly call a cleansing from bloud these men upon the matter as expresly call a defiling or polluting with bloud For bloud saith God meaning unrighteously spilt it defileth the Land and the Land cannot be cleansed of the bloud shed therein but by the bloud of him that shed it * Nu● 35 3● Doubtlesse that of the Prophet hath overtaken these men Therefore night shall be unto you for a vision and darknesse shall be unto you for a divination and the Sun shall go down over the Prophets and the day shall be dark over them * M●● ●● When David to the great discouragement of those that had stood by him with their lives in his danger mourned for his Traiterous Son Absalom being now dead Joab challengeth him in these words amongst others This day I ●erceive that if Absalom had lived and all we had died this day than it had pleased thee well * ● S●● 19. 6. It seemes the Ministers the Vindicatours are deeply baptized into some such spirit and that had the Land remained under that great Pollution wherewith the King by the bloud which he had so causlesly and so abundantly shed had defiled it and the whole Nation perished or at least been severely punished by God for the same this would have pleased them well so that the man of their delight the great Architect of all the late and present miseries and calamities of the Nation might have escaped But it is the lesse marvail that these men should call the purging of a Land the Polluting of it considering that it hath been a stratagem of Sathan in all ages to procure his mark or brand to be set upon the things of God and to entitle himself unto such actions as the Authour or Promotour of them which have been signally excellent and in the archievement whereof the finger of God hath most appeared Thus by his Factour Rabshakeh of old he represented unto the people those zealous ingagements of religious Hezechiah against Idolatrie whereunto his heart and spirit were in speciall manner stirred up by God as if they had been horribly sacrilegious and highly displeasing unto God But if thou say to me we trust in the Lord our God is it not he whose high Places and Altars Hezekia● hath taken away ● Es● ●● c. In like manner in the dayes of our Saviour by his then-Agents the P●arisees he sought to pos●esse the people with the spirit of his dangerous Errour● viz. that when the Lord Christ cast out Devils and unclean Spirits by the finger of God he cast them out by no other meanes than by Beelzebub the Prince of the Devils * M●●● 1●●4 Hath this Blackamore changed his skin since these dayes of old Or is he not busie at work upon the same trade in the tongues and pens of many of his anointed Instruments at this day amongst us Doth not the same Spirit breathe rank and strong in several veins both of our Ministers R●presentati●n and Vindication and particularly where they set themselves to turn the glory of the late proceedings of his Excellency and the Army by which they have highly honoured God and pre●e●ved their Nation into the shame of sin and unworthinesse For is it not in respect of the●e actings that they pitie them with an alasse you have eclipsed your own glory and bro●g●t a cloud over all your Excellencies You are now walking in by-paths 〈…〉 Re●… p●g 9. of your own * And again How is Religion made to stink through your miscarriages and like to become a scorn and reproch in all the 〈…〉 Christian World They have eclipsed their glory by doubling the lustre and brightnesse of it they have brought a cloud wherein God dwelleth ●ver all their Excellencies They have made Religion to stink through their miscarriages i. they have made the R●ligion of these Ministers to stink in the nosthrils of all intelligent and considering men by approving themselves so much more righteous and Religious than they Doubtlesse these men stand in the very dint and sweep of that Wo which is gone out from before the presence of God against those who call evil good and good evil who put darknesse for light and light for da●knesse and bitter for sweet and sweet for bitter Who justifie the wicked for reward and take away the righteousnesse of the righteou● from him * ●●●● ● ●● But the worst dead flie of all in the ●intment of these Apothecaries Sect. 64 and that which makes it cast forth a most abominable and stinking savour is their insinuation that their Opinion against the taking away the lives of Murtherers if Kings Tyrants by the Sword of Justice is first consonant to the tenour of the S●riptures And secondly hath allway been the constant Judgement and Doctrine of Protestant Divines both at home and abroad with whose Judgement● say they we do fully concurre * Represen●●●i●n 〈…〉 1● They presently after say of the J●suites that they are the worst of Papists but certainly themselves are of the Sect of the Auto-catacr●●es the worst of all Sectaries For is it possible to think but that they know in their Souls and Consciences 1. That there is nothing in all the Scriptures against the cutting off o● mu●therers o● capital malefactours by the sword of the Magistrate no though they be or have been Kings 2 That their Opinion in this point is so far from having been the consta●t Judgement and Doctrine of ●rotestant Divines that there is scarce any Protestant Divine of note in any of the Reformed Churches but upon all occasions have declared their Judgements to the contrary First let us briefly see how ridiculously they in title the Scriptures to their Opinion The Apostle Jude say they sets a b●and upon those who despise Dominion and speak evil of dignities Wo unto them saith he for they have gone in the way of Cain and run gredily after the errours of Balaam for a reward and perished Represent●●●o● pag. 1● in the gain saying of Corah Ergo it is not lawfull for the Civil Magistrate to put murtherers to death if
inheritance to their Posterity with augmentation so for any age or generation of men in the course and current of time to increase the threasury of virtuous and worthy Presidents which they received from their fore-fathers by casting into it of their own for the greater benefit of those to whose turn it comes to receive life and being after them is or at least ought to be so far from reflecting matter of disparagement upon th●m that in rational Construction it must needs be a memorial of honour unto them throughout all generations 3. What reason can be given why it should not be lawfull Sect. 73 for the Son to be of the Fathers occupation supposing this to have been lawfull or for later ages yea or this present age not to make presidents for those that are yet to come as well as it was for former ages to serve these with the same commoditie Worthy examples of former times are directive and ingaging but not exclusive or confining Nay 4. Considering that of the Prophet David Day unto day Sect. 74 uttereth speech and night unto night sheweth knowledge * Psal 19 2. i. That every succeeding age hath an opportunity of being wiser then the former by having the experience of the wisdom of the former given in unto it by way of advance the best and richest capacity of making Presidents ought still to be adjudged to the present age And therefore as it would be a very simple kind of reasoning to infer thus A man whilst he was a child a youth a young man did not buy land govern a family bear office in a Common-wealth c. Therefore he ought to do none of these things now he is come to be a man So is it not an argument of much more conviction which concludeth thus The world in the Infancie youth middle age of it did neither so nor so did not provide for it's own peace and safety by the arreignment of their Kings when they turned Tyrants and Destroyers of their people therefore the world in the maturitie and perfection of it ought not to do it 5. Christians are in speciall manner injoyned to president good Sect. 75 works for so the Originall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beareth i. to 〈…〉 14 make new patterns or presidents of virtuous and worthy actions for others to follow and work by yea and not simply to V●… make such presidents as these but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. to be carefull or industrious about making them or to make them to inquire where others have been dark or defective in the knowledge of the will of God or in the practice of it and to supply the one by their diligence in inquiring out the truth and the other by their faithfulnesse and conscientiousnesse in the practising of it being known But Sect. 76 6. And lastly to this the Truth is that they do but unworthily defame the Justice and Wisdom of the world in former ages who render it as defective in Presidents of the deposall arreignment and Execution of Kings upon perpetrations deserving death There are some pieces published of late where presidents of this kind are to be seen as plentifull as silver or Cedars were in Jerusalem in the dayes of Solomon who made the one to be as stones and the other as Sycom●r●-trees which grow abundantly in the plain * 1 K●ng ●● ● In one of these you may read that when the Romans their Empire decaying had quitted and relinquished what right they had by conquest to this Island and re●igned it all into the peoples hands the people thus reinvested with their original Right about the year 446 both elected them Kings whom they thought best the first British Kings that ever reigned here since the Romans and by the same right when they apprehended cause usually deposed and put them to death * Te●●re of Kings and Magistrates by J. ● pag. ●4 The same Authour not long after reports from Sleidan that in the ye●r 1546. the Duke of Saxonie Landgrave of Hessen and the who●e Protestant League raised open War against Charls the fifth their Emperour sent him a defiance renounced all Faith and Allegiance towards him and debated long in counsel whether they should give him so much as the title of Cesar Let all men judge what this wanted of deposing or killing but the power to do it He adds that in the year 1559. the Scotish Protestants claiming promise of their Queen Regent for Liberty of Conscience she answering that promises were not to be claimed of Princes beyond what was commodious for them to grant told her to her face at the Parliament then at Sterling that if it were so they renounced their obedience and soon after betook them to arms glossing that certainly when Allegiance is renounced that very hour the King or Queen is in effect deposed And to let the world know saith my Authour in processe of discourse that the whole Church and Protestant State of Scotland in those purest times of Reformation were of the same belief viz that Kings if they offend have no priviledge to be exempted from the punishment of Laws more than any other man about the year 1567 they met in the field Mary their Hereditary and lawfull Queen took her prisoner yielding before fight kept her in prison and the ●ame year deposed her And four years after that the Scots in justification of their deposing Queen Mary sent Ambassadours to Queen Elisabeth and in a written Declaration alledged that they had used towards her more lenity than she had deserved that their Ancestors had heretofore punished their Kings with death or b●nishment That the Scots were a free Nation made Kings whom they freely chose and with the same freedom unkinged them if they saw cause by right of ancient Laws c. Concerning the State of Holland the same Authour saith that in the yeer 1681. in a generall Assembly at the Hague they abjured all obedience and subjection to Philip King of Spain and in a Declaration justified their so doing for that by hi● tyrannous Government against faith so often given and broken he had lost his right to all the Belgique Provinces th●● therefore they deposed him and declared it lawful to ●h●s● another in his stead Elsewhere in the same Discourse having given a reason why Tyrants by a kind of naturall instinct both hate and fear none more than the true Church and Saints of God inferrs thus No marv●il then if since the faith of Christ received in purer or impurer times to depose a King and put him to death for Tyranny hath been accounted so just and requisite that neighbour Kings have both upheld and taken part with Subjects in the action And Ludovi●us Pius himself an Emperour and son of Charls the Great being made Judge Du Haillan is my Authour between M●l●gast King of the Vultzes and his Subjects who had depo●ed him gave his verdict for the Subjects and
for him whom they had chosen in his room By the way he here bids us note that the right of electing whom they please is by the impartial testimony of an Emperour in the people for said he a just Prince ought to be prefered before an unjust and the end of Government before the Prerogative And to prove that some of our own Monarchs have acknowledged that their high Office exempted them not from punishment they had the sword of Saint Edward born before them by an Officer called Earle of the Palace ev●n at the time of their highest pomp and solemnity to mind them saith Matthew Paris the best of our Historians that if they erred the sword had power to restrain them The fact of E●ud in killing Eglon and so of Jehu in slaying Jehoram the said Authour reconcileth with rules for standing practice with much more to this purpose which I leave to the Readers peru●al in the discourse it self In another discourse lately published we have this President Sect. 77 recorded Brutus Generall of the Souldiers Lucr●tius Emperour of the city of Rome assembled the people against Tarquinius Superlus and by their Authority thrust him from his Royall Throne his goods were confiscated and if Tarquinius had been apprehended undoubtedly he should have been according to the publick Laws corporally punished * 〈…〉 p ●4 The same Authour subjoyneth that Christiern lost the Crown of Denmark Henry that of Sweden Mary Stuart King Charls his Grand-mother that of Scotland and Edward the second that of England for the same misgovernment as our late King lost his Crown and head The Parliament in their late Declaration mention this last President of Edward the second and Peter Martyr concerning that of Christiern King of Denmark writeth thus In our daies the Daues d●pos●d their King and kept him prisoner a long time * where also he adds out of Pol●dore Virgil that the English 〈…〉 P. M●●● ●● ●ud ● ●● 〈◊〉 have sometimes compelled their Kings to give an account of their money or treasure ill disposed of M r Prynne in his Appendix to the fourth part of the Sovereign power of Parliaments and Kingdoms undertakes in the front of this Lucubration and in the body of it performed the undertaking v●ry laudably to manif●st by sundry Histories and forraign Authorities that in the ancient Kingdome of Rome the Roman Gr●ek German Empires the old the peresent Grecian Indian Aegyptian French Spanish Gothish Italian Hungarian Polo●ian Bohemian Danish Swedish Scottish with other forrein Kingdoms ●ea in the Kingdoms of Judah and Israel and other Gentile Royalties mentioned in Scriptu●e the Supreme Sovereign power resided not in the Emperours or Kings themselves but in the whole Kingdom Senate Parliament State People who had not onely Authority to restrain r●sist yea call their Emperous and kings to account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices misgovernment and sometimes CAPITALLY TO PROCEED AGAINST THEM with a brief answer to the contrary objections c. Afterwards in pursuit of this his notable ingagement out of Georgius Obrec●us a publick Professour of Law and Advocate to the City of Strasburg he furnisheth us with these Presidents besides that of Tarquinius devested of his kingdom by the people under the conduct of Brutus Lucretius the Roman Senate judged Nero an enemy of the Republick condemned him to the Gallows punished Vitellius with death ignominiously mutilated and dragg'd through the Citie and spoiled Maximinus of the Empire setting up Albinus in his place Thus the French by Authority of a publique Councel thorough the care of the Officers of the Realm deprived Childerick the first Sigebert Theordoric and Childerick the third of the Government In the same manner * M 〈…〉 ●f 〈◊〉 ●n● Kingdom A●pend p. ●●● saith the same Authour from Junius Brutu● we read Adolp●us deprived of the German Empire An. 1296. because corrupted with money he had made War with France in favour of the English Wenceslaus A 1400. Although these may be called not so well evil as lesse good Princes Thus in the Realm of England Edward the second for his Tyrannic to his Subjects especially the Nobles whom he destroyed without hearing their cause was at his Queens request adjudged unworthy of his Crown by the Parliament Not long since Christierne in Denmark Ericus in Sweden Queen Mary very lately in Scotland were deprived which Histories worthy credit testifie hath been frequently done in the Kidgdom of England Hungaria Spain Portugall Bohemia and the rest Thus far M r Prynne in Precedents of Kings and Emperours deposed and punished with death to which you may please to add what he relates out of Sozomen and Nicephorus concerning the death of Julian by one of his Souldiers and the fact of the Christians at Antioch upon it together with his Annotation upon both as they were formerly presented Sect. 67. of this discourse beyond whom no man that I know hath travailed with his pen in asserting the Legality of such proceedings against them He that will please to read the Historie of the Reformation of the Realm of Scotland by M John Knox shal find many like Presidents cited and argued from the Scriptures themselves So that the Parliament of England in their Judiciary processe against the late king did not walk alone in an untrodden path but in an high-way occupied upon like occasion by all the chief Nations of Europe yea by the once onely Heaven-beloved Nation of the World The premises from first to last considered that Doctrine Sect. 78. which Prerogativeth kings above the stroke of human justice upon the account of their being unaccountable unto men for whatsoever they do which the Parliament taketh notice in their Declaration of March 17. 1648. pag. 13. to have been the late kings Assertion appears to be very extravagant and and Eccentricall to all principles both of Reason and Religion Such an unaccountable Officer as the said Declaration well expresseth it were a strange monster to be permitted by man-kind For if the main ground of erecting publick Administrations of justice and Courts of humane judicature in all Polities and States whatsoever be both in Reason and Religion to secure and protect those who live justly and peaceably against the violence and injustice of oppressours and unjust men it must needs be contrary unto both to exempt such persons from the jurisdiction of these Court and Administrations who have alwayes the greatest opportunities and temptations and for the most part the strongest bent of disposition and will to practice such unrighteousnesse and oppression Put case a man hath received several wounds in fight amongst which there is one more dangerous and threatening life than all the rest would it not be a solo●cisme in reason for this man with all diligence and care to send for the skilfullest Chirurgion he can get and when he is come to limit him in his applications to the wounds
doth more deeply pierce or wound the conscience under the guilt of sin than the rememberance of those great and many ingagements which God hath laid upon the sinner to abstain from all iniquity as there is nothing more sovereign or efficacious to preserve men from the perpetrating of sin under tentation than such a consideration or rememberance Gen. 39. 9 2. Sam. 12 7 8 9. Mat. 18 32 33. c. But I hasten Enough I presume with advantage hath before this been Sect. 83 argued to wash off the colour of this plea The proceedings against the King are not justifiable because he had no reasonable ground or means whereby to conceive or judge that his life could lawfully be taken from him for those crimes for which he was sentenced To omit severall other things which have received a just debate sufficient to reconcile this pretence with the sentence awarded against the King that the Law of God against Murtherers and unjust shedders of bloud so oft repeated in the Scriptures so fully explained and vindicated in this Discourse gave light in abundance unto the King whereby to see and understand that for those very crimes and bloudy perpetrations of which he was arreigned his life was obnoxious to the hand of humane Justice or rather of Divine Justice executable by the hands of men So that if he were ignorant of his liablenesse unto death for the misdemeanours committed by him it was Ignorantia Juris non facti which as Aristotle saith excuseth no man Besides the frequent cases and examples of Justice executed upon Kings by their Subjects obvious as well in the Records of Scriptures as in the Histories of many Nations a first-fruit whereof hath been presented in this Treatise were abundantly sufficient to give the light of this information unto him that if he sinned against the bloud of his people it would render him ipso facto a child of death Besides had he not defaced that writing which was written by the finger of God himself in the tables of his own heart here might he have read it in characters legible enough that he that unjustly takes away the life of another makes a present forfeiture unto Justice of his own Nor was the taking of the Protestation or National Covenant Sect. 84 by the Parliament and Kingdom after the Kings ingagement in bloud any sna●e upon him in this kind as ministering any sufficient ground unto him to conceive or judge that Kings might destroy the lives of their Subjects as they pleased without being countable unto the Justice of their Laws for the same It is contrary to all principles of reason or common sence to think that either the Parliament or Kingdom should do any such act which in the direct and native tendencie of it should either flatter or incourage the King in wayes so out●agiously destructive to their lives Liberties Estates as those were wherein he was now driving furiously when the Protestation and solemn Covenant were taken by them But such an Act as this do they pretend to be done by them who affirm that by their taking the Protestation and Covenant for the Preservation of the Kings Person after he had lift up his hand unto bloud they ministered a sufficient ground unto him to conceive either that for what he had already done in that way he was not obnoxious either to the Law of God nor to the Laws of the Land inflicting death but especially to conceive that what progresse or advance soever he should make in the same way yet they meant never to question him but to make the ●hoicest threasure of his life though he should make the ●●se●● dong●e of all theirs But the substance of this plea was formerly weighed in the balance and found too light when we clearly proved that there was no ingagement made by any man in taking either the Vow Prot●station or Covenant for the Preservation of the Kings life or Person but onely conditionall that none of those conditions for there were more than one upon which the takers of any of the three became actually ingaged o● bound to the said Preservation were performed by the King And the truth is that all that was ministered by way of occasion or ground unto the King by those Acts of the Parliament and Kingdom lately mentioned was for him to judge and conceive 1. that they both affectionately desired his honour life and happinesse 2. That in case they could not procure or obtain them in conjunction with the liberties peace and safety of the Kingdom that they meant to provide for these whatsoever became of the other To draw towards a Conclusion of the present debate if Sect. 85 the righteousnesse of the Sentence passed upon the King be not impleadeable by the office of a King vested in him much lesse is it impeacheable by his innocencie Doubtlesse never was there any person under heaven sentenced with death upon more equitable or just grounds in respect of guilt and demerit As for Ner● Maximinus and other Heathen Tyrants though the letter of their guilt might possible be as deep or deeper than his yet the spirit of it was but light and shallow in comparison They wanted the light of that knowledge without which though men may be monstrously wicked yet are they not capable of admission into the Congregation of the first-born of sinners The King abounded with this light at least comparatively wrought in the face of it works of darknesse horrid works of darknesse Oh how great was the darknesse of such works Some rise up early to commend and praise him for his parts of knowledge wisdom understanding c. but do these men know that speaking these things they put him to the greater rebuke and justifie his Judges who condemned him so much the more That servant saith the great and righteous Judge of all the earth which knew his Lords will and prepared not himself neither did according to his will shall be ●eaten with many stroaks * Luk. 12. 47. Knowledge and ●●derstanding are the great inh●●nsers of sin and cause the fo●●ace of hell to be h●● s●ven times hotter than ordinary But for the criminal demerits of the King which make the righteousnesse of the Sentence against him like unto the light at noon-day I shall not mention th●● in words of mine own l●st I be charged with undue aggravations but shall present them in such ●●●ms wherein his best and most cordiall Friends at least in appearance and such who took hold of shield and buckler for his Defence in the time of his greatest danger have before me represented them unto the world M r. Prynne who in zeal to the Kings cause attempted to Sect. 86 shake Heaven and Earth and who because he could not with Joshua cause the Sun to stand still in the midst of heaven untill he had acted his part in favour of him procured in stead thereof the turning of a naturall night into an
things which truth opposeth 2. He suppresseth some things which the right stating of the Question calleth upon him to expresse First he supposeth a discontent not onely in but of the Nation for the sad Condition of the King It is somewhat hard to be believed that a Nation should be so super-eminently Christian and pious as to be in sorrow or discontent that the greatest enemy which they ever had from whom they have suffered more miseries and extremitie than from any other hand whatsoever should be in such a condition wherein they need not fear more miserie or mischief from him And besides that sad Condition of the King of which M● Geree speaks was the prize for which the Nation for seven years together had run through fire and bloud and is it like that they should be in discontent for their successe in obtaining it The Discontent of the Nation was for the unsetled and dilatorie proceedings of their Trustees in Parliament as then the Constitution of the House was wherein they saw no ground of hope of any setlement either of the Government or distracted affairs of the Kingdom The reduction of the King to his Regal Interest and Throne was the desire of the Nation but onely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the proverb is and under the Notion of a lesser evil of the two I mean than their languishing in miserie and despair under such a Parliament from which they saw at least as they supposed certain ruin and destruction coming towards them like an armed man Secondly he supposeth that the Demands of the Parliament in the last Treatie with the King at Newport were the sum of all that had been formerly demanded in any other treaties or proposals or ●ad been held forth in their Declarations The noto●ious untruth whereof as many wise and good men then resented so may any man whosoever that hath leasure and opportunity to compare the one with the other clearly enough understand Thirdly he supposeth that the Parliament from the beginning thought the Concession and Confirmation of such Priviledges as they demanded of him in the said last Treaty conducible surely he means sufficient or else he speaks at a very low rate to render this people free and happy I must borrow some such Faith as M r. Geree it seems had to beleeve this also Certain I am that the Parliament it self much better able to judge of the conduciblenesse of these proposals to the ends mentioned then M r. Geree expresse a far different sence of them These Members say they in their Declaration of Jan. 12. 1648. speaking of those very men about whom the present contest is between M r. Geree and me did notwithstanding proceed to make such Propositions to the King at the Isle of wight for a safe and well grounded peace as if they had been granted and kept of which there was no probability would but have returned the people again to their former slavery forasmuch as by these Propositions neither this Parliament nor any succeeding one was put into a capacitie of ever being able to make any good Laws the King being still suffered to continue his Negative Vote so long opposed and so strongly voted and declared against by this Parliament c. So that these two supposals of M r. Geree last mentioned are stigmatically false Fourthly he supposeth that the Major part of the House of Commons were so far from being forced to it the said Treatie by Petitions that neither the impetuousnesse of Peti●ions from people nor fear of Souldiers Pistols could make them relinquish it Hear what the Parliament it self also speaketh in opposition unto this in their said Declaration pag. 9. We had long since by Gods assistance happily effected the Settlement of the Government had not a Malignant party amongst the Sea-men the like in the Counties of Essex Surrey Sussex and the Citie of London many of which have since been in actual arms against us by their PRESSING AND URGENT PETITIONING of the Parliament for a Personal Treaty with the King at London and to disband the Army thereby diverted and frustrated our earnest and hearty desires c. with much more to this purpose Fifthly M r. Geree supposeth in order still to the right stating of the Question that the Parliament men against whom I for whom he contendeth were satisfied in their Consciences that the Treaty with the King which they were now upon was the fairest justest and most probable way to promote and settle the peace and weal of a distressed Kingdom The Parliament as we lately heard judged the quite contrary as viz. 1. That there was no probability that the proposals in that Treaty made by the Parliament if granted would ever have been kept or observed either by himself or any of his party 2. That should they have been kept they would but have returned the people again to their former slavery 3. Concerning the defection of those Members of theirs whom M r. Geree presents as men acted onely by their Consciences in these their Applications to the King they declare thus pag. 7. of the said Declaration Yet here again we were encountered with unexpected difficulties by the APPARANT DEFECTION of some of our own Members who not regarding the glory of God NOR GOOD OF THE COMMON-WEALTH but being carried away WITH BASE AVARICE AND WICKED AMBITION these are M r. Gerees Conscientious men did labour the bringing in of the King again with all his faults without the least Repentance c. Sixthly M r. Geree upon the account a foresaid supposeth that the said Treaty was prosecuted till it was very near an happy Conclusion With what heifer did the man plough or with what oracle did he consult to prognosticate happinesse in such a Conclusion wherein had it taken place so many men of a far better inspiration than he to judge between the likelyhood and unlikelyhood of politicall events saw no probability of good unto the Nation but a plain ground laid for bringing the people back again into their Egyptian slavery Seventhly Mr. Geree supposeth and asserteth as before that the Army over and above those four Members and more which he saith pag. 3. they took into safe custody violently kept and frighted a Major part out of the house debarring them liberty of sitting and voting there But 1. whether Mr. Gerees Arithmetique be orthodox or no which counteth the Members taken into custody by the Army to be above fourty I shall content my self with doubting and not determine But 2. Whereas he addeth that they violently kept any more than these out of the house I suppose that had Mr. Geree been put upon the proof of this his proofs would have been much more modest than his Conclusion The far greater part of the Members sequestred by the Army were not detained or restrained by them from sitting again in the House but by their own voluntary refusal to submit unto such a Test which the Parliament then in being according
the taking away of Episco●acy root and b●anch * 〈◊〉 of the 〈◊〉 a●sw●●●● the 5 〈…〉 pag ●● which the Parliament have ingaged themselves by Covenant and Oath to endeavour to the uttermost nor yet any sufficient provision for matters of Religious concernment † Ib●d pag. ●4 ●● which yet hath alwayes been prescribed and urged upon the Parliament by M● Geree and his party as the Primum quaerite in their accords and closures with the King By the way how shamelesly doth M r. Prynns pen over-lash in affirming that the King by these concessions hath fully and actually performed those two grand Conditions the preservation and defence 1. Of M● Prynne Speech of Declar 4. 1648 pag. ●4 the true Religion 2. Of the liberties of the Kingdom upon which the preservation and defence of his Person and Authority are suspended by the Covenant as himself granteth By the Religion of another Kingdom condemning M r. Gerees Sect. 18 and M● Prynnes judgement about the Concessions of the King I mean the Ministers of the Church and Kingdom of Scotland who in their necessary and seasonable Testimonie against Toleration concerning the Treaty in the Isle of Whight pag. 12. speak thus And doubtlesse the Lord is highly displeased with these proceedings in the Treaty at Newport in reference to Religion and Covenant concerning which they accepted of such concessions from his Majestie as being acqui●sced in were dangerous and destructive unto both This sence of these Ministers touching the said concessions of the King the late Scotch Commissioners in the latter of the two letters sent to the Parliament a little before their departure expresse not onely a● their own but as the sence of their Parliament itself also Their words are the●e Wherefore we do in the Name of the Parliament of Scotland for their vindication from fal●e a persions and calumnies Declare that though they are not satisfied with his Majesties Concessions in that late Treaty at New●o●t in the ●●● of 〈◊〉 e●pecially in matters of Religion and are resolved ●ot to crave his Majesties restitution to his Government before satisfaction be given by him to his Kingdoms yet c. Was not M● Geree a substantiall and close Di●putant to take that for granted and as needing no proof the truth whereof two Kingdoms and that in their best capacitie of discerning doe not onely question but positively deny Nor could M● Prynne lightly have uttered any thing more stigmatically and desperately reprochf●ll to the whole species and Order of Kings than in saying that the Kings Concessions were the larg●st safest and beneficiallest ever yet granted by any King to his Subjects since the Creation But Secondly to the Assumption of M r. Geree's first Argument Sect. 19 I answer further that the Parliament men he speaks of were so far from keeping to their Principles Professions and Declarations in their endeavours to settle the Kingdom upon the terms he speak's of that herein they started aside like broken bowes from them The Parliament it self complains of their apparent defection in this kind Yet here again say they We were encountered with unexpected difficulties by the APPARENT DE●ECTION of some of our Members who not regarding the glory of God nor good of the Common-wealth but being carried away by base ava●ice and ambition did labour the bringing in of the King again with all his faults without the least Repentance c. * Declar●● of the ●●●● of J●● 15 ●●●● Again when they endeavoured such a settlement of the Kingdom as M r. Geree speaks of did they keep to their Principle or Vote of no more addresses to the King as being a person uncapable of further Trust or to their profession of indeavo●ring to preserve the liberties of the Subject or of the ●xtirpation of Episcopacy or to that principle by which the● sometimes judged it necessary that some one Proposition at least for t●● honour of the T●eatours and for the security of the things treated for should be premized and assented unto by the King before any Treaty † ●e●●he ●●●● D●●l●● o● J●n ●● ●●48 pag ●1 or did they keep to their principle of bringing Incendiaries and Delinquents to condign Punishment or to their principle concerning the abolishing of the Kings negative Oath The clear truth is that in that attempt of setling the Kingdom which M r. Geree speake of they turned head upon all their Principles Professions and Declarations at once which at any time formerly they either held or made in true Conjunction with the Liberties of the People and Interest of the Kingdom Therefore with this Argument he onely beats the air instead of relieving his Clients Nor doth his second Argument turn to any whit better accommodation Sect. 20 unto them For to passe by the Major Proposition which yet without further explication is not too sacred to be touched the Minor is no Correspondent with the Truth The oppressed Members as his over-compassionate Mus● stileth them did not in that act of settlement he speaks of proceed in a way to which they stood ingaged by many solemn and Religi●us ●ands no he neither doth nor can prove that in the ●aid Act or attempt the Members he speaks of discharged or observed any one solemn or Religious band to which they stood ingaged according to the legitimate and true import and intent thereof For neither did the Oath of Allegiance nor the Oath of Supremacy nor the Protestation nor the Nationall Covenant ingage t●em to preserve the Kings Honour Safety and Greatnesse upon any such terms the performance whereof should clearly involve them in a manifest disobedience to the Law of God as viz. that which inflicts the penalty of death upon the Murtherer and apparantly withall expose the Nation to slavery and misery which the reass●ming of the King into his Throne and Power upon his Concessions m●st need● have done as the Parliament it ●elf hath once and again declared yea and reason it self in con●ort with the experience of all age● abundantly confirms But that the●e Members in their intended settlement of the Kingdom upon the terms magnified by M r. Geree did break many Solemn and Religious bands wherein they stood ingaged unto God and to the Kingdom is a truth ●ic●●r in evidence than to need proof They stood ingaged by such ●ands to the observation of the Law of God as well where it commands the punishment of Murtherers as otherwise to the Preservation and Defence of the liberties of the Subject to the Extirp●●i●n of Epis●●●●cie ●● the bringing of In●endia●ies and Delinquents to condign punishment c. all which bands with many more they b●●●●●●d ●●st from them ●● the●● compliance with the King upon his terms So that M r. Geree's clients are not yet recti in Curiâ He lifts up his hand yet again in their Defence and shews his Sect. 21 good will towards them in this Argument They that walk in a way suteable to
† 〈…〉 as if he intended to make a doo● thereof by which the King might make a plausible if not an honest escape from his Concessions when he pleased 3 It hath been the Observation of many Generations that Kings never held themselves bound to keep any agreement made with their Subjects especially made in order to a composure of any differences between them further or longer than themselves pleased Many examples are upon record of the violation of such agreements by Kings but few or none of t●e Observation of them upon any other terms than those speci●●ed ●●●ist●●●n the second King of D●nmark not much above an hundred years past driven out by his Subjects and received ag●in upon new Oaths and Conditions broke th●ough them all to his most bloudy revenge slaying his chief Opposers when he saw his time both them and their children invited to a ●east for that purpose Maximilian the Emperour dealt little b●tter by the inhabitants of ●ruges after he was reconciled unto them yea though this reconcilement was procured and eff●●ted by the mediation of the Princes of Germanie and drawn up in publick writings sealed And as one well observeth the bloudy massacre at Paris Anno 1572 was the effect of that credulous peace which the French Protestants made with Charls the ninth their King * 〈…〉 p 4● who likewise addeth that the main visible cause which to this day hath saved the Netherlands from utter ruin was their finall not beleeving the perfidious cruelty which as a constant Maxim of State hath been used by the Spanish Kings on their Subjects that have taken arms and after trusted them as no later age but can testifie heretofore in Belgia it self and ●his very year in Naples The same Authour likewise observeth very pertinently to the point in hand that David after he had once taken arms never afterwards trusted Sa●l though with t●ars and much relenting he twice promised not to hurt him This dissembling of ●e●d till an opportune time for revenge was it seems even in H●me●s dayes taken notice of as a principle familiarly practiced by Kings who upon this account makes Chalcas speak concerning Agamemnon thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. A King when angrie with a meaner man Will have the better on 't For though to day He should digest his chol●r yet be can Reserve in brest on purpose to repay Wrath and revenge in due time afterwards The present Parliament likewise taketh knowledge of that unprincely Principle in Princes which we now speak of in their oft-mentioned Declaration of Jan. 15. 1648. pag. 12. 13. Hardly say they can any example be produced either forreign or domestick of any Prince once ingaged in a War with his Subjects that ever kept any agreement which he made with them longer than meer necessity did compell him the●eunto The e●amples to the contrarie are so many and so manifest and the late bloudy violation of the peace betwixt the Crown of ●●●in and those of Naples is so fresh in our memori●● as we cannot expect any Propositions agreed upon at the Isle ●●●ig●t should bind the King more than Fundamental Laws and Coro●ation Oath besides his often Protestations and ingagements in the Name of a King and o● a Gentleman which He hath so often violated And though that P●overbia●izing Prayer of the Italians to be delivered from 〈…〉 a ●●●●●ened ● or strained ● wind and f●om a reconciled enemie too generally understood may well be conceived to trench upon the Principles of Ch●●stianitie yet in reference to Kings and Princes it imports none other than that Serpe●tine Wisdom which Christianitie alloweth yea and commendeth unto hir children 4. If the Thrones of other Kings and Princes have been so ●●●● 25 constantly haunted with the wicked spirit of Covenant-breaking with Subjects upon differences and discontents there was little hope that the Throne of such a King would be free whose Genius should inspire him with this saying that ●e never ●ad forgiven an injurie nor ever would Ex ungue l●onem 5. There was yet so much the lesse hope that the late King would have stood by his Concessions because he had so solemnly with so much Conscience such as it was resigned up himself if M r. Prynns story be true to the service of the Pope who first claimeth a right 〈◊〉 ower to dispence with Oaths and much more with all ingagements of an inferiour nature and 2 driveth an Interest altogether inconsistent with the reall and effectuall performance of the said Concessions by the King The words of his own letter to the Pope as M r. Prynne translateth them are these I intreat your Holinesse to believe that I have been alwayes very far from incouraging Novelties or to be a Partisan of any Faction against the Catholick Apostolick Roman Religion But on the contrary I have sought all occasions to take away the suspition that might rest upon me and that I will imploy my self for the time to come to have but one Religion and one Faith seeing that we all believe in one Jesus Christ having resolved in my self to spare nothing that I have in the world and to suffer all manner of discommodities even to the hazarding of my estate and life for a thing so pleasing unto God * 〈…〉 6. And lastly It was the confident sence of some very intelligent and sober men many years since from whom I received it upon a very good account for the Truth of it that upon the Execution of Justice upon the Scottish Queen in this Kingdom there entered a foul spirit of revengefull intentions against this Nation into the line Royall of that which as they suggested hath wrought accordingly ever since as well in the Father as in the Son though not with an uniformity of open vigour or violence the naturall temper of the one being more timorous and inclining to politick clandestine and underhand actings than of the other But that the mischief ruin and destruction of the English Nation was become the hereditarie ingagement of that Crown unto which it was subject till of late is conjecturable if not demonstrable by the foot-steps of so many State-actings from time to time of an uniform tendencie that way that a man must shut the eyes of his understanding very close not to see or at least not to be strongly suspicious of it And by this time enough I presume with advantage hath Sect. 26 been said to prove M r. Gerees sence touching the point in hand very anti-rationall viz. that the King had he been restored upon his Concessions would not have let out his spirit in a destructive way of revenge His temper spirit tenour of former actions resignation of himself Crown and Kingdom unto the Popish Interest his heiring an inveterate and deadly feud against the English Nation with severall other symptomes of like Prognostication with these proclaim aloud